Forever Saturday

Episode 9: Is It The End?


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Serena and Matt discuss the labor complaint filed by players in the Pac-12 in which they seek to be recognized as employees, which could reshape college sports as we know them. We also touch on the Juwan Howard situation and suspension.  

  • The Juwan thing is unfortunate
    • Neither of us thinks he should have been fired, but it also wouldn't have been unreasonable for him to be fired
    • The punishments mostly make sense and seem fair
    • It can't happen again
  • The NLRB Labor Complaint
    • This has the power to reshape college sports as we know them
    • College players want to be regarded as employees entitled to wages under the Fair Labor Standards Act
    • The inclusion of UCLA in the suit is a way of testing the waters on jurisdiction because the NLRB usually only has jurisdiction over private employers
    • Discussing the feasibility of the joint-employer theory
    • Neither one of us wants to see college sports become full of 24 year olds who flamed out of the NFL or NBA - there's something magical about knowing these kids are in your classes and "just like you"
    • Do any of the benefits college athletes currently receive count as wages? There's a good argument that room and board do, but perhaps not tuition
    • What happens if they win?
      • Nonrevenue sports could disappear or become club sports
      • Maybe not much changes? It might depend a lot on what the players bargain for
      • What of women's sports? There are some Title IX implications here
      • Could they adopt a grad student model?
      • Might Congress just change the law to exempt college athletes from the FLSA?
    • We could talk about this for 1000000 years and not assess all of the possible outcomes, so we have to wait and see

WVU Law Review Article: https://researchrepository.wvu.edu/cgi/viewcontent.cgi?article=6307&context=wvlr

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